Originally held on Tuesday, November 7 | 6 pm – 9 pm
Program Co-Chairs:
Jonathan Rogin
Berger & Webb, LLP
George B. Schwab
Kraus & Zuchlewski LLP
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This program will focus on legal and marketplace developments that are re-defining the employment relationship, focusing primarily on “gig economy” companies such as Uber, although also on more traditional companies (i.e., banks), which often use independent contractors on technology and other administrative projects. The program will address worker classification issues and the legal consequences of findings of employee status, as well as other issues include those relating to joint employer/worker liability and unionization efforts.
DVDs & CDs: $229 Member | $329Nonmember
On-Demand: $179 Member| $279 Nonmember
Materials Only (No CLE Credit): $99 Member | $129 Nonmember* New York residents will be charged the New York sales tax for all audio visual purchases.
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Professor James Brudney
Fordham University School of LawGerard O’Shea
Cooley LLPYoung Woo Lee
Legal Aid Society – Employment Law Unit -
6:00 – 6:05 p.m. Introduction of Topic and Panelists Jonathan Rogin & George Schwab
6:05 – 6:20 p.m. What is the Gig Economy? - General discussion of the basics (i.e., what does “Gig Economy” actually mean)
- Examples of “Gig” companies
- General description of employment versus independent contractor distinction
- Identification of various areas where classification matters (i.e., health insurance, workers’ compensation insurance, minimum wage)
Professor James Brudney
Recent Litigation
- Summary of recent case law developments involving gig economy companies, focusing on classification issue
Gerard O’Shea
6:20 – 7:10 p.m. Employee-side Issues - Analysis of elements of a plaintiff’s claim
- Practical considerations when litigating misclassification issues, focusing on recent Yoga Vida and Nance cases in New York courts
- Identification of potential factual and legal problems facing gig economy workers in context of establishing misclassification pursuant to existing common law standards
Young Woo Lee
7:10 – 7:25 p.m. Break 7:25 – 8:15 p.m. Management-side issues - Discussion of practical issues facing practitioner representing newly-formed “gig economy” companies
- Benefits to employers in treating workers as independent contractors
- Strategies to avoid and/or survive audits and legal challenges to worker classification
Gerard O’Shea
8:15 – 8:50 p.m. Public Policy Issues and Future Considerations - Discussion of recent legislation proposal by Sen. John Thune, the New Economy Works to Guarantee Independence and Growth (NEW GIG) Act of 2017 (S. 1549)
- Caretaker and family issues in the gig economy
- Need for government regulatory role in absence of employers performing quasi-governmental functions
- Impact of gig economy on low wage workers
- Pros/cons of gig economy versus traditional workplace
Professor James Brudney, Gerard O’Shea & Young Woo Lee
8:50 – 9:00 p.m. Q&A
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NY: 3.0 professional practice
NJ: 3.2 general
CA: 2.5 general
PA: 2.5 general -
Sponsoring Association Committee:
Labor and Employment Law Committee | Jyotin Hamid, ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso| Membership and CLE Relations Associate| (212) 382-6608 | MAlfonso@nycbar.org______________________________________________________________